Uniting Three Fires Against Violence Opens in the U.P.

From the Soo Evening News (miigwetch to A.K.):

A new independent agency recently opened its doors to bring coordinated help to those who endeavor to prevent and address domestic violence among Michigan’s 12 federally recognized tribes.

While the organization has been in existence for about a year under a planning grant, Uniting Three Fires Against Violence (UTFAV) recently hung its shingle at its headquarters at 531 Ashmun Street in the Sault. The offices are adjacent to the River of History Museum.

“We are a coalition for all 12 tribes to act as a training source, technical assistance and resource center,” said Executive Director Kellie LaVictor.

“There was no spot in Michigan where all the tribes could turn to for any assistance whether it was policy development, grant writing, training or presenting, providing resources and so on.”

She said the help tribes receive through UTFAV is tailored to their needs and includes tribes with more developed anti-domestic violence programs helping tribes lacking them.

The organization’s stated mission is to unite and empower American Indian communities in Michigan to end domestic violence and sexual assault, to collaboratively promote positive change for individuals experiencing violence or abuse and provide resources for safety and advocacy to ensure the physical, mental, spiritual and emotional well-being of American Indians victimized by violence.

Continue reading

Eighth Circuit Briefing Complete in United States v. Cavanaugh–Challenge to Use of Uncounseled Tribal Court Convictions

Since this is also a challenge to a federal statute, expect a strong cert petition from the US if it loses this case in the Eighth Circuit. If not, then look for a circuit split down the line.

Here are those materials:

US v Cavanaugh Appellant Brief

Cavanaugh Answer Brief

US v Cavanaugh Reply Brief

Earlier posting with lower court materials here.

Federal Court Dismisses Indictment in Indian Country Domestic Violence; Questions Constitutionality of Statute

Here is United States v. Cavanaugh (D. N.D.), where the court dismissed an indictment under the federal domestic violence by a habitual offender in Indian Country statute (18 U.S.C. 117), holding that the use of prior uncounseled tribal court D.V. convictions to establish the “habitual” element of the crime was unconstitutional. See my paper on how state courts should use, if at all, uncounseled tribal court convictions. The court rejected claims that the statute itself was unconstitutional under Morrison and Lopez.

Here are the materials:

Cavanaugh DCT Order on Motion to Dismiss

Cavanaugh Motion to Dismiss

US Opposition to Cavanaugh Motion to Dismiss

Cavanaugh Reply Brief

Continue reading

Talk at Columbia Law School re: DV in Indian Country

I’ll be presenting my paper “Addressing the Epidemic of Domestic Violence in Indian Country by Restoring Tribal Sovereignty” at Columbia Law School today, on the gracious invitation of the Columbia NALSA and Domestic Violence Project.